- (1.) THE petitioners in this proceeding are five doctors, currently in employment of the Government of West Bengal who are desirous of pursuing post - graduate medical degree course in different branches. For this purpose, they appeared in the National Eligibility -cum -Entrance Test (Post Graduate) for the 2013 session and obtained ranks in the said examination. This examination has come to be known as NEET -PG. Their apprehension is that the respondent nos. 10 to 28 (the said respondents) as well as the applicants in CAN No. 6661 of 2013, who by virtue of their position in ranking in the merit list would supersede them for admission or selection of course, are disentitled to pursue the degree course for not obtaining sponsorship certificates within time. Contention of the petitioners is that the said respondents and their supporting applicants had appeared in the NEET -PG without obtaining the sponsorship certificate from the State Government, and
(2.) THIS factor would disqualify them from obtaining admission in the post -graduate course from the trainee - reserve category, for whom 50% seats are reserved at the post -graduate degree course at the State level. The special features of a trainee -reserve candidate I shall deal with in greater detail in the next paragraph. The applicants in 6597 of 2013 have came before this Court with cause similar to that of the petitioners. The doctors who are in service of the State Government and want to pursue higher education in Medicine, there is special procedure for permitting them to prosecute their studies with full salary and leave. The West Bengal Medical Education Service, the West Bengal Health Service and the West Bengal Public Health -cum -Administrative Service (Placement and Trainee Reserve) Rules, 2008 has been formulated by the State Government in exercise of power conferred by Section 21 of the West Bengal State Health Service Act, 1990. The provisions of Clauses 3 (i) and (ii), (5) and (6) of the said Rules are relevant for adjudication of this writ petition which provide: - "3. Criteria for placement on trainee reserve. -The following shall be the eligibility criteria for placement on trainee reserve as Government sponsored candidates: (a) for the Officers of the West Bengal Medical Education Service, West Bengal Health Service, and the West Bengal Public Health -cum -Administrative Service. - (i) a minimum of three years qualifying service under the employment of the Government of West Bengal in the respective cadre as determined on the thirty -first day of March of the concerned year and for the officers who have been appointed in any of the three cadre service from any of the two other cadre services, they must have put in at least three years service in the West Bengal Public Health -cum -Administrative Service, the West Bengal Health Service and in the West Bengal Medical Education Service, taken together: provided that the minimum period of service required shall be two years in case of acquiring eligibility for trainee reserve in the dearth disciplines as enumerated in Schedule A of these rules: provided further that in case of officers of the West Bengal Health Service, the minimum period of qualifying service required shall have to be rendered in rural areas in Primary Health Centres, Block Primary Health Centres and Rural Hospitals: provided also that the compulsory requirement of qualifying rural service may be relaxed or dispensed with in case of such specialist Medical Officers in the disciplines other than Anesthesiology, Pediatrics and Obstetrics and Gynecology, who have been directly recruited through the Public Service Commission, West Bengal and appointed in State General Hospitals, Sub -divisional hospitals and district hospitals and for all other Medical Officers who could not serve in any Primary Health Centre, or Block Primary Health Centre or any rural hospital for the reason of his posting elsewhere by the State Government, who may also be considered for placement on trainee reserve as Government sponsored candidate, based on merit of each case; (ii) Officers, who had acquired any post -graduate degree, irrespective of the fact whether such degree was acquired with or without Government sponsorship, shall only be allowed to undergo post -doctoral courses and in no case shall be allowed any trainee reserve facilities for undergoing any other post -graduate degree or diploma courses. Officers with post graduate degree may be allowed trainee reserve for certain relevant and recognized or authorized Post Doctoral Diploma courses provided that there are scopes of utilization of the qualification in the service and/or this is necessary for upgradation of the concerned discipline, as would be determined by the Health and Family Welfare Department from time to time, officers in possession of any post -graduate diploma acquired with Government sponsorship shall only be eligible for trainee reserve in post -graduate degree courses of the concerned discipline, allied disciplines and dearth disciplines as specified in Schedule A of these rules: Provided that in case of the officers of the West Bengal Public Health cum Administrative Service, above the level of Public Health -cum -Administrative Officer : Group B, who had acquired any post -graduate degree, irrespective of the fact whether such degree as acquired with or without Government sponsorship, may be allowed trainee reserve facilities for certain relevant post graduate courses in the disciplines of Public Health Epidemiology, Health Management, Hospital Management and related courses as enumerated in Schedule B of these rules; (iii) Officers once placed on trainee reserve shall not be allowed any other facilities of trainee reserve, apart from any manner laid in clause (ii) of this rule; (iv) the officers must not be more than fifty years of age on the thirty -first day of March of the concerned year of placement on trainee reserve. However, no officer shall be eligible for trainee reserve in excess of a total period of eight years during his entire service tenure; (v) for placement on trainee reserve for undergoing post - graduate degree or post -doctoral courses, other eligibility criteria as may be prescribed by the concerned University or concerned Institution both within the State or outside shall also determine the eligibility for being placed on trainee reserve. Officers joining any post -graduate course on trainee reserve shall not be allowed such facility in any other discipline, if not such change is determined by way of recounselling conducted by the same University for the same batch of post -graduate course entrants and for the same academic session." "(5) Procedure for application and placement on trainee reserve ­ the Officers of the West Bengal Health Service, the West Bengal Medical Education Service and the West Bengal Public Health cum Administrative Service only when eligible under the foregoing rules can directly apply to any University or Institution for appearing in the post -graduate Entrance Examination and after being selected or being invited for counselling before admission, shall apply to the Director of Health Services or to the Director of Medical Education for sponsorship certificates. In cases wherever the concerned University or Institution requires a sponsorship certificate, for appearing in the post -graduate Entrance Examination or otherwise only the eligible candidates can directly apply to the Director of Health Service or Director of Medical Education who shall be the competent authority for such manner. After such process is over, placement orders for trainee reserve will be issued by the Department of Health and Family Welfare and thereafter such officers will proceed on trainee reserve and execute bonds as specified in rule 4 of these rules. 6. Eligibility for further Government sponsorship. Any officer, after completion of one course by availing "Trainee Reserve" facility, may be eligible for further Government sponsorship as "Trainee Reserve" for the Post -doctoral/Post - graduate Degree/Post -doctoral diploma course after the result of the 1st course has been officially published, but the bond period and bond money of the said two courses will be carried forward and computed summatively after the incumbent had completed the second course." So far as the parties to this proceeding are concerned, all of them have completed their post graduate diploma courses and sat for the NEET -PG held for the first time for the session commencing in the year 2013. The entry examination was held between 23rd November, 2012 and 6th December, 2012. One set of results came out on 15th May, 2013 but there was also declaration of a second set of results, which was termed as revised results on 4th June, 2013. There is some dispute as regards the exact dates on which the respondent nos. 10 to 28 and the applicants in CAN 6661 of 2013 had obtained their sponsorship certificates in terms of Clause 6 of the 2008 Rules as these certificates appear to have been signed on 14th June, 2013 though the copies of the certificates show 13th June, 2013 as their dates of issue. But such variation in dates are not of any grave significance so far as the controversy involved in this proceeding is concerned. Case of the petitioners is that the respondents, at the time of sitting in the examination did not have the sponsorship certificate and on that basis they should be held to be disqualified from obtaining entry in the post graduate medical course. Their results in the diploma courses they were pursuing were published on 14th June, 2013 on most occasions, but in respect of one subject the date of publication of result is 17th June, 2013. Registration for counselling was held between 24th and 26th June, 2013 and the counseling started on 27th June, 2013. The admission process was completed between 1st and 8th July, this year, i.e. 2013.
(3.) MR . Kar, learned Counsel appearing for the petitioners took me through the provisions of the said Rules and argued that the sponsorship certificates which were issued to them could not confer on the private respondents and other similarly situated applicants eligibility for undertaking the course this year as they could not have sat for the examination before obtaining these sponsorship certificates.;